The Minted Photographer Program

By accepting membership to Minted's Photographer Program, you agree to use your unique discount code only for yourself, and not to share it with the general public through your website, social media, or any other means. Minted may, in its discretion, change or deactivate your code if it is shared to the general public.

The Photographer Program discount only applies to products that contain photographs you have taken. The discount does not apply to, and commissions will not be paid on, commissioned art, customizable fine art, all products purchased from the “Direct From Artist” section of our website, fabric goods, Minted More membership fees, Photo Op or styling or customization services.

To place an order using your unique code, you or your clients must have accounts with Minted and Payoneer (our payment provider) and agree to Minted’s terms of service and privacy policy. Participants must enter the code at checkout in the “Promo Code” field and click “Apply”. A message will appear below the box confirming your discount has been applied to the order. Discounts and commissions do not apply to shipping charges or tax, and cannot be combined with any other offers or promotions, including discounted credit.

All images, copy, and designs other than your own photographs are the property of Minted and may not be used by you unless specifically permitted by Minted.

Membership may be denied or terminated at any time, with or without cause, at Minted’s sole discretion.

Minted may, in its discretion, change the Photographer program terms and benefits at any time with or without notice.

By joining the Photographer Program you agree to receive emails, promotions and general messages from the Photographer Program team (photographer@minted.com) and you accept that your contact information will be used in accordance with Minted’s privacy policy.

Commission Program: We'll handle all the production and shipping of the products you sell from your storefront, and you'll receive (i) 13% of the "Net Sales" of non-Holiday products or (ii) 20% of the “Net Sales” of Holiday products (in either case, your "Commission") when a customer places an order using photos you uploaded for them. "Net Sales" is the retail price received by Minted for the products from the customer, which is the price charged excluding shipping and taxes and after any promotional discounts are applied, and excludes returned or defective products. Please see above for items excluded from eligibility for commissions.

Payment: We've engaged our trusted business partner Payoneer to administer payment for the Photographer Program, and have integrated the initial signup for both programs to make it as easy as possible for you. Payoneer protects all personal financial information with strong encryption designed to ensure that this data is not accessible to anyone outside of Payoneer. All access points to the Payoneer platform are protected by secure firewalls and virus detection systems designed to ensure maximum security. Payments through the Payoneer Global Bank Transfer Service will be made monthly and are generally processed in 1-3 business days. E-mail photographer@minted.com if you have any questions.

Exposure: You will receive "back of card printing" if your clients place an order using a photo that you've uploaded. Back of Card Printing is offered so long as you've supplied "back of card printing" information under Account Info within your Photographer Dashboard. You will not receive "back of card printing" if your clients have chosen to upload their photos themselves. More information is available here.

Your Images: The copyrights in the images remain unchanged by your submission of those images to us, and no exclusivity or related ownership right is created by your submission, though we do retain the right to store and use those images to create the cards for your clients and to display them on your storefront. You must have the right to provide those images to us without violating the rights of any party. Greater specifics are described below.

Images Rights and License.
You may not submit photos that could infringe any rights of privacy, publicity or copyrights, unless you have the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the photos. Furthermore, you may not submit any photos that may give rise to any civil or criminal liability under applicable law, or expose Minted or its legal affiliates or partners to the threat of the same. We reserve the right to delete, move, or edit images, or suspend viewing or printing of images if, in our sole discretion, we deem any submission abusive, defamatory, or in violation of copyright, trademark, or privacy laws or otherwise inappropriate or likely to lead to civil or criminal liability.

In the event that you post, submit or upload to your dashboard, the Minted site, or as part of the Program, any materials including, without limitation, photographs and other images, text, graphics, videos, visuals, sounds, data, files, links, and other materials (collectively, "Materials"), you will retain ownership of such Materials, and you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Materials. Please note that, while you retain ownership of your Materials, any design, template or layout in which you arrange or organize such Materials through tools and features made available through Minted are not proprietary to you, and can be used by Minted and others for any purposes. You acknowledge and agree that you have no rights in any such design, template, and/or layout, and such template or layout shall be the sole and exclusive property of Minted or its licensors.

You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Materials, (ii) your Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, and (iii) you hereby consent to the use of your name and likeness, and you have obtained the written consent, release, and/or permission of every individual who appears in a Materials to use such individual's likeness, for purposes of using and otherwise exploiting the Material in the manner contemplated by these terms and conditions or, if any such identifiable individual is under the age of eighteen, you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to Minted a copy of any such consents, releases and/or permissions upon Minted's request).

None of the Materials will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Materials (b) alter, remove, or refuse to send, transmit or otherwise use any Materials (including, without limitation, by suspending the processing and shipping of any order relating to any Materials); and/or (c) disclose any Materials, and the circumstances surrounding the transmission or use thereof, to any third party.

Please note that our community members may report Materials that they believe to be inappropriate. Minted has the right, but not the obligation, to remove Materials in response to user reports or requests. Minted is not responsible for, and will have no liability for, the removal or non-removal of any Materials.

DMCA.
Minted is committed to protecting copyrights and expects users of the Program to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Minted site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. More information may be found at https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act.

Notices and counter-notices should be sent to:

Minted - DMCA Notices
747 Front Street, Suite 200
San Francisco, CA 94111

Indemnity. You agree to indemnify, defend and hold Minted, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers harmless from and against all claims, liabilities (including tax liabilities or penalties), losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these terms and conditions or any liabilities to any third parties (including taxing authorities), or (ii) any activity related to the Program (including negligent or wrongful conduct) by you or any other person accessing or using your account.

Disclaimer.
THE PROGRAM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MINTED EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MINTED MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. MINTED MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED ON OR THROUGH MINTED'S SITE OR THE PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MINTED OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Tax Disclaimer. You alone shall be responsible for the payment of any tax that arises as a result of receiving payment from Minted or Payoneer. Neither Minted nor Payoneer will withhold any taxes, though if your Commission exceeds $600 in one year, Payoneer will provide you with the appropriate tax form for reporting your Commission. Minted will have no involvement in, or liability for, the processing of this tax form.

Limitation of Liability. To the fullest extent permitted by applicable law, under no circumstances shall Minted be liable for any indirect, incidental, special, punitive, or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Minted has been advised of the possibility of such damages, that result from (i) your access to or use of, or inability to access or use the Program or Minted's site or services, (ii) any changes to the site or its services, or (iii) unauthorized access to or alteration of your submissions or data. You specifically acknowledge that Minted is not liable for the defamatory, offensive, or illegal conduct of other users or third parties, and that the risk of injury from the foregoing rests entirely with you. Further, Minted will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service. You agree that the aggregate liability of Minted to you for any and all claims arising from the use of the Program, site or service is limited to the amounts you have previously paid to Minted, or $9.99, whichever is greater. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you.

Governing Law; Claims.
These terms and conditions and any disputes arising therefrom will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflicts of law provisions. Any dispute between you and Minted, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be decided via final and binding arbitration in accordance with applicable rules of the American Arbitration Association. Such arbitration shall take place before a neutral arbitrator instead of in a court by a judge or jury, and you agree that Minted and you are each waiving the right to trial by a jury. Any arbitration demand must be filed in San Francisco, California within one year of the date upon which the underlying claim arose. You further agree that any arbitration under this Agreement will take place on an individual basis; class and representative arbitrations and class and representative actions are not permitted, and you are agreeing to give up the ability to participate in a class or representative action.

Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you. If any part of these terms and conditions is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the terms and conditions will continue in effect. These terms and conditions, and the ShareASale Affiliate Service Agreement (to the extent it does not conflict with these terms and conditions) which is hereby incorporated by reference, constitute the entire agreement between you and us with respect to your participation in the Program, and supersede all other communications, written or oral, with regard to your account. The failure of Minted to enforce any right or provision of these terms and conditions will not be deemed a waiver of such right or provision.

Revised as of November 11, 2022.